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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3693
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Hi I would like to know if there are any laws that specify

Resolved Question:

Hi I would like to know if there are any laws that specify the dates/ times for which someone can be served.

I have motions I want to direct to my ex over the weekend. I wouldn't have him served at an unreasonable time such as midnight or later, but possibly 11pm if that is ok. Please advise.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

No, there are not restrictions placed on time of service of process.

texlawyer :

For reference, below is a link to many of the relevant service of process statutes in California:

texlawyer :

That said, if at all possible, you should try to serve your ex at the most reasonable time you can. While doing it at 11 won't violate any statutes or rules, they may complain about it to the judge, and you don't want the judge thinking you are being petty.

Customer:

You are right, and I will do my best to serve within reasonable hours. My ex will look for anything to complain to the judge about. May I ask you another question?

texlawyer :

Sure.

Customer:

Ok. My custody/visitation orders state: Mon 8am to Wed 6pm Father. Wed 6pm to Frid 8am Mother. Every other weekend Fri 8am to Monday 8am to each. All holiday scheds are terminated except for Mother's/Father's Day. Each parent may have up to (2) wks nonconsecutive weeks (unless otherwise agreed). 14 days of notification to the other parent is required.

Customer:

My ex is requesting more than 14 days.

texlawyer :

OK. Do you want to object to that?

Customer:

I would like some legal clarification or guideline info regarding Wednesdays. Since I get the kids at 6pm on Wed I consider this a "shared" day and think that if either of us requests Wed as vacation, it would count as "one" vacation day. He is of the mindset that since I have our kids less time that vacation days in this respect are to be determined by hours. For example he thinks he is entitled to more than 14 calendar days based on his calculations of our overall timeshare. Does that make sense? I don't agree with him and I want to know if he is correct.

texlawyer :

You are correct. This would count as one vacation day.

Customer:

I'm sorry to ask and I only do so because he is very self serving. Is there any link or statue that you can send me that somewhat outlines this? Also if he says he will take more than 14 days of vacation anyway, what recourse do I have?

texlawyer :

This is an issue to be resolved by the court, but most judges do consider it a full vacation day. That said, there isn't a statute defining that.

texlawyer :

If he tries to take more than 14 days vacation, you have to file a motion with the judge asking the judge to hold him in contempt.

texlawyer :

Do you have any questions?

Customer:

No, I've got it. Thanks for your help.

texlawyer :

Glad to help!

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3693
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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